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Localism Act 2011

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Point in time view as at 04/05/2012.

Changes to legislation:

Localism Act 2011, Cross Heading: Local Government Act 2000 (c. 22) is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Local Government Act 2000 (c. 22)E+W

8E+WThe Local Government Act 2000 is amended as follows.

Commencement Information

I1Sch. 3 para. 8 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

9E+WIn the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute Local authorities in Wales: arrangements.

Commencement Information

I2Sch. 3 para. 9 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

10E+WIn section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.

Commencement Information

I3Sch. 3 para. 10 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

I4Sch. 3 para. 10 in force at 4.5.2012 in so far as not already in force by S.I. 2012/1008, art. 4(b)

11(1)Section 11 (forms of local authority executives) is amended as follows.E+W

(2)In subsection (2) for “In the case of any local authority in England or Wales, the” substitute “ The ”.

(3)Omit subsection (2A).

(4)In subsection (3) for “In the case of any local authority in Wales, the” substitute “ The ”.

(5)In subsection (5)—

(a)for “In the case of a local authority in England or Wales, the” substitute “ The ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (8) after “leader and cabinet executive” insert “ (Wales) ”.

(7)In subsection (9)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)omit “in relation to Wales”.

(8)Omit subsection (9A).

(9)In subsection (10) omit “(2A)(a) or”.

Commencement Information

I5Sch. 3 para. 11 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

I6Sch. 3 para. 11 in force at 4.5.2012 in so far as not already in force by S.I. 2012/1008, art. 4(b)

12(1)Section 12 (additional forms of executive) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in paragraph (a) for “him” substitute “ them ”, and

(c)in paragraphs (b) and (d) for “he considers” substitute “ they consider ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I7Sch. 3 para. 12 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

13(1)Section 13 (functions which are the responsibility of an executive) is amended as follows.E+W

(2)In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (9)(b) omit the words from “or section 236” to “England)”.

(5)In subsection (12) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I8Sch. 3 para. 13 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

14(1)Section 14 (discharge of functions: general) is amended as follows.E+W

(2)In the heading for “general” substitute “ mayor and cabinet executive ”.

(3)In subsection (1) for the words from “of” to the end substitute “ of a mayor and cabinet executive are to be discharged in accordance with this section ”.

(4)In subsections (2) to (5) for “senior executive member” (in each place that it appears) substitute “ elected mayor ”.

(5)In subsection (6)—

(a)for “a senior executive member” substitute “ an elected mayor ”, and

(b)for “the senior executive member” substitute “ the elected mayor ”.

(6)Omit subsection (7).

Commencement Information

I9Sch. 3 para. 14 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

15E+WIn section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I10Sch. 3 para. 15 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

16(1)Section 18 (discharge of functions by area committees) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (3) in the definition of “area committee” for the words from “means—” to “in Wales,” substitute “ means ”.

(4)Omit subsections (4) and (5).

(5)In subsection (6) omit “in Wales”.

Commencement Information

I11Sch. 3 para. 16 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

17(1)Section 19 (discharge of functions of and by another local authority) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)omit the words “(within the meaning of this Part)” in the first place they appear,

(c)for paragraph (a) substitute—

(a)by a relevant authority (other than the local authority), or, and

(d)in paragraph (b) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the local authority) ”.

(3)In subsection (2)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “local authority (within the meaning of section 101 of that Act)” substitute “ relevant authority in Wales ”, and

(c)for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the relevant authority) ”.

(4)In subsection (3) for “local authority” substitute “ relevant authority in Wales ”.

(5)In subsection (4)—

(a)in paragraph (a)—

(i)for “an executive of a local authority” substitute “ a relevant executive ”, and

(ii)after “the authority” insert “ of which the executive is part ”,

(b)in paragraph (b) for “local authority” substitute “ relevant authority ”, and

(c)in paragraph (c) for “an executive of a local authority” substitute “ a relevant executive ”.

(6)In subsection (8) for “ “specified”” substitute

relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

relevant executive” means an executive of a local authority under either this Part or Part 1A;

“specified”.

Commencement Information

I12Sch. 3 para. 17 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

18E+WIn section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I13Sch. 3 para. 18 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

19(1)Section 21 (overview and scrutiny committees) is amended as follows.E+W

(2)In subsection (2)(f)—

(a)omit “section 244 of the National Health Service Act 2006 or”,

(b)for “either of those sections” substitute “ that section ”, and

(c)for “the Act concerned, and as extended by the section concerned” substitute “ that Act, as extended by that section ”.

(3)In subsection (2ZA) omit “in Wales”.

(4)In subsection (2A)—

(a)omit paragraphs (a) and (b), and

(b)in paragraph (e) for the words from “committee—” to “a joint overview and scrutiny committee” substitute “ committee ”.

(5)In subsection (4)—

(a)for “21A to 21C” substitute “ 21A and 21B ”, and

(b)omit the words from “or any functions” to the end.

(6)In subsection (10)—

(a)for “paragraphs 7 to” substitute “ paragraph 8 or ”, and

(b)omit “, unless permitted to do so under paragraph 12 of that Schedule”.

(7)In subsection (10A) omit “in Wales”.

(8)In subsection (13)—

(a)in paragraph (aa) omit the words from “by virtue of” to “England) or”, and

(b)in paragraph (c) omit the words from the beginning to “in Wales”.

(9)In subsection (16)—

(a)omit paragraph (a), and

(b)in paragraph (b) omit “in Wales”.

Commencement Information

I14Sch. 3 para. 19 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

20E+WOmit section 21ZA (scrutiny officers).

Commencement Information

I15Sch. 3 para. 20 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

21(1)Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.E+W

(2)In subsection (3) omit the words from “(in the case of a local authority in England” to “Wales)”.

(3)In subsection (6)(a) omit the words from “section 236” to “2007 or”.

(4)Omit subsections (10) and (11).

(5)In subsection (12) omit “in Wales”.

Commencement Information

I16Sch. 3 para. 21 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

22E+WOmit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).

Commencement Information

I17Sch. 3 para. 22 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

23(1)Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.E+W

(2)In subsection (1)(b) omit sub-paragraph (ii).

(3)In subsection (2) omit “or providing a copy of the document to a relevant partner authority”.

(4)In subsection (6)—

(a)in the definition of “exempt information”—

(i)omit “section 246 of the National Health Service Act 2006 or”, and

(ii)at the end insert “ and ”, and

(b)omit the definition of “relevant partner authority”.

Commencement Information

I18Sch. 3 para. 23 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

24E+WOmit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).

Commencement Information

I19Sch. 3 para. 24 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

25(1)Section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)) (Wales: notifying designated body of report or recommendations) is amended as follows.E+W

(2)In the title for “Wales: notifying” substitute “ Notifying ”.

(3)In subsection (1) omit “in Wales”.

Commencement Information

I20Sch. 3 para. 25 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

26E+WOmit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).

Commencement Information

I21Sch. 3 para. 26 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

27E+WIn the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.

Commencement Information

I22Sch. 3 para. 27 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

28(1)Section 22 (access to information) is amended as follows.E+W

(2)In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (12A)—

(a)for the words from “Secretary” to “Wales),” substitute “ Welsh Ministers ”, and

(b)in paragraph (a) omit the words from “, or under” to “section 21B,”.

Commencement Information

I23Sch. 3 para. 28 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

29E+WOmit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).

Commencement Information

I24Sch. 3 para. 29 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

30E+WIn section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I25Sch. 3 para. 30 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

31(1)Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.E+W

(2)In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (5) for “him” substitute “ them ”.

Commencement Information

I26Sch. 3 para. 31 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

32(1)Section 28 (approval of outline fall-back proposals) is amended as follows.E+W

(2)In subsections (1) and (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (3) for “Secretary of State approves” substitute “ Welsh Ministers approve ”.

Commencement Information

I27Sch. 3 para. 32 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

33E+WOmit section 31 (alternative arrangements).

Commencement Information

I28Sch. 3 para. 33 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

34E+WOmit section 32 (alternative arrangements).

Commencement Information

I29Sch. 3 para. 34 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

35(1)Section 33ZA (Wales: changing governance arrangements) is amended as follows.E+W

(2)In the heading for “Wales: changing” substitute “ Changing ”.

(3)Omit “in Wales,”.

Commencement Information

I30Sch. 3 para. 35 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

36E+WOmit section 33A (executive arrangements).

Commencement Information

I31Sch. 3 para. 36 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

37E+WOmit section 33B (executive arrangements: other variations of arrangements).

Commencement Information

I32Sch. 3 para. 37 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

38E+WOmit section 33C (alternative arrangements: move to executive arrangements).

Commencement Information

I33Sch. 3 para. 38 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

39E+WOmit section 33D (alternative arrangements: variation of arrangements).

Commencement Information

I34Sch. 3 para. 39 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

40E+WOmit section 33E (proposals by local authority).

Commencement Information

I35Sch. 3 para. 40 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

41E+WOmit section 33F (resolution of local authority).

Commencement Information

I36Sch. 3 para. 41 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

42E+WOmit section 33G (implementation: new executive or move to executive arrangements).

Commencement Information

I37Sch. 3 para. 42 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

43E+WOmit section 33H (implementation: other change in governance arrangements).

Commencement Information

I38Sch. 3 para. 43 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

44E+WOmit section 33I (general).

Commencement Information

I39Sch. 3 para. 44 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

45E+WOmit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).

Commencement Information

I40Sch. 3 para. 45 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

46E+WOmit section 33K (changes subject to approval in referendum: additional requirements).

Commencement Information

I41Sch. 3 para. 46 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

47E+WOmit section 33L (change not subject to approval in a referendum: additional requirements).

Commencement Information

I42Sch. 3 para. 47 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

48E+WOmit section 33M (cases in which change is subject to approval in referendum).

Commencement Information

I43Sch. 3 para. 48 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

49E+WOmit section 33N (variation of mayoral executive).

Commencement Information

I44Sch. 3 para. 49 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

50E+WOmit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).

Commencement Information

I45Sch. 3 para. 50 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

51(1)Section 34 (referendum following petition) is amended as follows.E+W

(2)In subsections (1) and (2)(k) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (1A) for the words from “means—” to “Wales,” substitute “ means ”.

(4)In subsection (3) omit “or of any of sections 33A to 33O”.

Commencement Information

I46Sch. 3 para. 51 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

52(1)Section 35 (referendum following direction) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “him” substitute “ them ”.

(3)In subsection (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3) omit “or of any of sections 33A to 33O”.

Commencement Information

I47Sch. 3 para. 52 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

53(1)Section 36 (referendum following order) is amended as follows.E+W

(2)In subsections (1) and (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (3) omit “or of any of sections 33A to 33O”.

Commencement Information

I48Sch. 3 para. 53 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

54E+WIn section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I49Sch. 3 para. 54 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

55E+WIn section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I50Sch. 3 para. 55 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

56(1)Section 39 (elected mayors etc) is amended as follows.E+W

(2)Omit subsection (2).

(3)In subsection (3) omit “in Wales”.

(4)In subsection (5B)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

(5)In subsection (5C) for the words from the beginning to “1972 are” substitute “ Section 21(1A) of the Local Government Act 1972 is ”.

(6)After subsection (5C) insert—

(5D)A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7)Omit subsection (6).

Commencement Information

I51Sch. 3 para. 56 in force at 9.3.2012 by S.I. 2012/628, art. 2(b)(i)

57E+WIn section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.

Commencement Information

I52Sch. 3 para. 57 in force at 9.3.2012 by S.I. 2012/628, art. 2(b)(i)

58E+WOmit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).

Commencement Information

I53Sch. 3 para. 58 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

59E+WOmit section 44B (election of leader: partial-council elections).

Commencement Information

I54Sch. 3 para. 59 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

60E+WOmit section 44C (removal of leader).

Commencement Information

I55Sch. 3 para. 60 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

61E+WOmit section 44D (term of office of leader: whole-council elections).

Commencement Information

I56Sch. 3 para. 61 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

62E+WOmit section 44E (term of office of leader: partial council elections).

Commencement Information

I57Sch. 3 para. 62 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

63E+WOmit section 44F (leader to continue to hold office as councillor).

Commencement Information

I58Sch. 3 para. 63 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

64E+WOmit section 44G (no other means of electing or removing leader).

Commencement Information

I59Sch. 3 para. 64 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

65E+WOmit section 44H (regulations).

Commencement Information

I60Sch. 3 para. 65 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

66(1)Section 45 (provisions with respect to referendums) is amended as follows.E+W

(2)In subsection (1) for the words from “authority—” to “in Wales” substitute “ authority ”.

(3)In subsections (5), (6) and (8A) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (8B)—

(a)in paragraph (a)—

(i)for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and

(ii)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b)—

(i)for “Secretary of State” substitute “ Welsh Ministers ”, and

(ii)for “each House” substitute “ the National Assembly for Wales ”.

(5)In subsection (8D)—

(a)in paragraph (a)—

(i)for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and

(ii)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b)—

(i)for “Parliament” substitute “ the National Assembly for Wales ”,

(ii)for “Secretary of State” substitute “ Welsh Ministers ”,

(iii)for “each House” substitute “ the Assembly ”, and

(iv)for “his” substitute “ their ”.

(6)In subsection (9) omit “or 33K”.

Commencement Information

I61Sch. 3 para. 66 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

67(1)Section 47 (power to make incidental, consequential provision etc) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “he considers” substitute “ they consider ”.

(3)In subsection (4) omit “(including changes of the kinds set out in sections 33A to 33D)”.

(4)In subsection (6) omit paragraph (b).

Commencement Information

I62Sch. 3 para. 67 in force at 15.1.2012 by S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, arts. 9-11)

68(1)Section 48 (interpretation of Part 2) is amended as follows.E+W

(2)In subsection (1)—

(a)in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)” substitute “ section 11(3)(a) ”,

(b)in the definition of “local authority” for the words from “means—” to “Wales, a county council” substitute “ means a county council in Wales ”, and

(c)omit the definition of “ordinary day of election”.

(3)Omit subsection (1A).

(4)In subsection (2) omit paragraph (b).

(5)In subsection (3) omit paragraph (b).

(6)In subsection (7)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “him” substitute “ them ”.

Commencement Information

I63Sch. 3 para. 68(1)(2)(a)(4)-(6) in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

I64Sch. 3 para. 68(2)(b) in force at 9.3.2012 for specified purposes by S.I. 2012/628, art. 2(b)(ii)

I65Sch. 3 para. 68(2)(b) in force at 4.5.2012 in so far as not already in force by S.I. 2012/1008, art. 4(b)

I66Sch. 3 para. 68(2)(c)(3) in force at 9.3.2012 by S.I. 2012/628, art. 2(b)(iii)

69E+WIn section 48A (functions of the Lord President of the Council) for “sections 44 and 45” substitute “ section 44 ”.

Commencement Information

I67Sch. 3 para. 69 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

70(1)Section 105 (orders and regulations) is amended as follows.E+W

(2)In subsection (6)—

(a)after “6,” insert “ 9N, ”, and

(b)for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “ section 9BA, 9HE, 9MG or 44 ”.

(3)After subsection (7) insert—

(7A)If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Commencement Information

I68Sch. 3 para. 70 in force at 3.12.2011 by S.I. 2011/2896, art. 2(h)

71E+WIn section 106 (Wales) in subsection (1) omit paragraph (a).

Commencement Information

I69Sch. 3 para. 71 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

72(1)Schedule 1 (executive arrangements: further provision) is amended as follows.E+W

(2)In the heading of the Schedule (executive arrangements: further provision) after “arrangements” insert in Wales.

(3)In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute “ The ”.

(4)Omit paragraph 1A and the heading immediately before it.

(5)In paragraph 6(1) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)Omit paragraph 7.

(7)In paragraph 8—

(a)in sub-paragraph (1) omit—

(i)“Welsh”, and

(ii)“in Wales”,

(b)in sub-paragraphs (2), (3) and (7) omit “Welsh”, and

(c)in sub-paragraphs (4) and (7) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(8)In paragraph 9—

(a)in sub-paragraph (4) for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in sub-paragraph (5)(f) for “Secretary of State considers” substitute “ Welsh Ministers consider ”,

(c)in sub-paragraph (6)(a)—

(i)for “Secretary of State” substitute “ Welsh Ministers ”, and

(ii)for “he considers” substitute “ they consider ”, and

(d)in sub-paragraph (6)(b) for “Secretary of State makes” substitute “ Welsh Ministers make ”.

(9)In paragraph 10 omit “7,”.

(10)In paragraph 11 for “7” substitute “ 8 ”.

(11)In paragraph 11A for “7 to” substitute “ 8 and ”.

(12)Omit paragraphs 12 to 14 and the italic heading immediately before paragraph 12 (overview and scrutiny committees: voting rights of co-opted members).

Commencement Information

I70Sch. 3 para. 72 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

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